Terms & Conditions

HELPFUL INFO

JJAK PTY LTD T/A STARDATE CANDLES

Welcome to Stardate Candles!

This website stardateco.com.au (Website) is operated by JJAK Pty Ltd t/a Stardate Candles (ABN 80 654 590 744) or its successors and assignees (we, our or us).  Stardate Candles offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms carefully as they set out your rights and responsibilities when using our Website. You’ll need to stop using our Website if you do not agree to these Terms. We may vary these Terms by publishing the varied terms on our Website. We recommend you check our Website regularly to ensure you are aware of our current Terms. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

Accepting these terms

By purchasing from us or otherwise accessing and/or using our Website, you and each person using our Website (you): (a) warrant to us that you have reviewed these terms and conditions, including our Privacy Policy (available on our Website) (Terms) and you understand them; (b) warrant to us that you have the legal capacity to enter into a legally binding agreement with us; and (c) agree to use our Website in accordance with these Terms.

By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

General Conditions

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Collection notice

We collect personal information about you in order to enable you to access and use our Website, to provide you with Website settings suitable to your preferences and for other purposes set out in our Privacy Policy.

We may disclose that information to third party service providers who help us deliver our services (including information technology service providers, data storage, web-hosting and server providers, professional advisors, third party payment processors and our business partners) or as required by Law. If you do not provide this information we may not be able to provide you with access to our Website and Services.  In certain circumstances, we may disclose your personal information to third parties located, or who store data, outside Australia.

Our Privacy Policy contains further information about: (a) how we store and use your personal information; (b) how you can access and seek correction of your personal information; (c) how you can make a privacy-related complaint; and (d) our complaint handling process. 

By providing personal information to us, you consent to us collecting, holding, using and disclosing your personal information in accordance with our Privacy Policy.

Acceptable use of our Website

You must access and use our Website, Products & Services only for legal, authorised, and acceptable purposes. You will not use (or assist others in using) our Website, Products & Services in ways that: (a) violate, misappropriate, or infringe our rights, our users’ rights, or other rights, including privacy, publicity, Intellectual Property, or other proprietary rights; (b) are illegal, obscene, defamatory, threatening, intimidating, harassing, hateful, racially or ethnically offensive, or instigate or encourage conduct that would be illegal or otherwise inappropriate, including promoting violent crimes; (c) involve publishing falsehoods, misrepresentations, or misleading statements; (d) impersonate someone; (e) involve sending illegal or impermissible communications, such as bulk messaging; (f) involve any non-personal use of our Website;  (g) would violate our community guidelines (Community Guidelines), including in your use of our other pages, including third party websites and any social media page, including, but not limited to, Instagram, TikTok or Facebook; (h) is an engagement in an activity (including posting any User Content, registering and/or using a username), which (1) is or includes material that  includes malicious content such as malware, trojan horses, or viruses or otherwise interferes with any user’s access to the Website; (2) impersonates or misrepresents your affiliation with another user, person or entity, or is otherwise fraudulent, false, deceptive or misleading, (3) involves the transmission of unsolicited mass mailings or other forms of span, junkmail, chain letters or similar, (4) involves commercial or sales activities, such as advertising, promotions, contests, sweepstakes, or pyramid schemes, without our prior written consent, (5) links to, references, or otherwise promotes commercial products or services, without our prior written consent, (6) interferes with or in any way disrupts the Website, tampers with, breaches, or attempts to probe, scan, or test for vulnerabilities in the Website or our computer systems, network, usage rules, or any of our security components, authentication measures or any other protection measures applicable to the Website, the Content or any part thereof.

Information contained on our Website

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Modifications to the Service & Prices

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Product or Services (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.

We reserve the right, but are not obligated, to limit the sales of our Products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.


Intellectual Property Rights

Unless otherwise indicated, we own or licence all rights, title and interest (including Intellectual Property Rights) in our Website and all of the Products and Services. Your use of our Website and your use of and access to any Products and Services does not grant or transfer to you any rights, title or interest in relation to our Website or the Services.

You must not, without the prior written consent of ourselves (as applicable):

  • copy or use, in whole or in part, any Products and Services;
  • reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Products and Services to any third party; or
  • breach any Intellectual Property Rights connected with our Website, including (without limitation) by:
  • altering or modifying any of the Products and Services;
  • causing any of the Products and Services to be framed or embedded in another website; or
  • creating derivative works from the Products and Services.

You may also provide us with feedback on the Website (Feedback). You agree that all Intellectual Property Rights in the Feedback will at all times vest or remain vested in us. You agree that we may use Feedback in any manner which we see fit (including to develop new features) and no benefit will be due to you as a result of any use by us of any Feedback. We will have no obligation to review, consider or implement Feedback.

Accuracy of Billing and Account Information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).


We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

Third-Party Links

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Content you upload

We encourage you to interact with our Website! You may be permitted to post, upload, publish, submit or transmit relevant information and content, including reviews (Reviews) (together, the User Content) on our Website and other channels including TikTok, Instagram, Facebook and YouTube (together, the Platforms).

By making available any User Content on or through our Platforms, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content.

You agree that you are solely responsible for all User Content that you make available on or through our Platforms.  You represent and warrant that:

  • you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content as contemplated by these Terms; and
  • neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content, or our use of the User Content on, through or by means of our Platforms will infringe, misappropriate or violate another user’s rights, or a third party’s Intellectual Property Rights, or rights of publicity or privacy, or result in the violation of any applicable Law or regulation.
You may review your experience of the Platforms. These Reviews will be visible on Platforms. You agree to provide true, fair and accurate information in your Review. If we consider that the Review is untrue, unfair, inaccurate, offensive or inappropriate, we may delete the Review or ban you from posting the Review.


We do not endorse or approve and are not responsible for any User Content, including Reviews. We may, at any time at our sole discretion, remove any User Content, including Reviews. You may report User Content which you believe are in breach of these Terms or our Community Guidelines and we will use our reasonable endeavours to investigate such User Content. We do not undertake to review each Review. To the maximum extent permitted by law, we are not responsible for the content of any Reviews.

Our Platforms may contain links to websites operated by third parties. Unless expressly stated otherwise, we do not control, endorse or approve and are not responsible for the content on those websites. You should make your own investigations with respect to the suitability of those websites. 

We may, at any time and without notice to you, discontinue our Website, in whole or in part.  We may also exclude any person from using our Website, at any time at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Personal Information

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

Errors, Inaccuracies and Omissions

Occasionally there may be information on our Website or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product labels, product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Warranties, disclaimers and indemnity

To the extent permitted by Law, we make no guarantees, representations or warranties about our Website or Service, including (without limitation) that:

  • they are complete, useful, accurate, reliable, up-to-date and suitable for any particular purpose;
  • access will be uninterrupted, error-free and free from viruses, worms, trojans, malware or any other defect;
  • our Website will be secure; and
  • that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You read, use, and act on our Website and the Services at your own risk. We are not responsible for and are not obligated to control the actions or information (including other third parties). You agree to indemnify, defend and hold harmless Stardate Candles and our subsidiaries and affiliates and our or their directors, contractors or service providers, officers, employees, partners and agents from any claim, complaint, cause of action or controversy and damages, known or unknown relating to, arising out of, or in any way connected with any such claim you have against third parties.

Despite anything to the contrary, to the maximum extent permitted by Law:

  • our maximum aggregate Liability arising from or in connection with these Terms (including the services we provide and/or the subject matter of these Terms) will be limited to, and must not exceed the aggregate amount of fees paid by you to us during the three-month period immediately preceding the event that gave rise to the Liability or $100 if no such fees have been paid; and
  • we will not be liable to you for any consequential loss, indirect loss, loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data,

whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.

Despite anything to the contrary, to the maximum extent permitted by Law, we will have no Liability, and you release and discharge us from all Liability, arising from or in connection with any: 

  • event or circumstance beyond our reasonable control;
  • acts or omissions of you or your personnel;
  • defect, error, omission, lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit), inaccessibility of, interruption or outage with respect to our Website;
  • use of our Website and/or Services;
  • User Content;
  • carriers being inaccessible;
  • interaction you have with other users whether in person or online;
  • injury or loss to any person;
  • Content which is incorrect, incomplete or out-of-date; or
  • breach of these Terms or any Law.

You agree that, to the maximum extent permitted by Law, these Terms exclude all terms, conditions and warranties implied by statute, in fact or on any other basis, except to the extent such terms, conditions and warranties are fully expressed in these Terms.

Australian Consumer Law

Certain legislation, including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the provision of our Website by us to you which cannot be excluded, restricted or modified (Statutory Rights).

If the ACL applies to you as a consumer, nothing in these Terms excludes your Statutory Rights as a consumer under the ACL. You agree that our Liability for our Website provided to an entity defined as a consumer under the ACL is governed solely by the ACL and these Terms. 

Subject to your Statutory Rights, we exclude all express and implied warranties, and all material, work and services (including our Website) are provided to you without warranties of any kind, either express or implied, whether in statute, at law or on any other basis.

This clause will survive the termination or expiry of these Terms.

Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

Severance

If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this Website or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Jurisdiction

Your use of our Platform and these Terms are governed by the Laws of Victoria. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Victoria and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.

Our Website may be accessed throughout Australia and overseas. We make no representation that our Website complies with the Laws (including Intellectual Property Laws) of any country outside Australia.  If you access our Website from outside Australia, you do so at your own risk and are responsible for complying with the Laws of the jurisdiction where you access our Website.

Amendments

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Definitions

Intellectual Property means any copyright, registered or unregistered designs or trade marks, domain names, know-how, inventions, processes, trade secrets or confidential information; or circuit layouts, software, computer programs, databases or source codes, including any application, or right to apply, for registration of, and any improvements, enhancements or modifications of, the foregoing.

Intellectual Property Rights means for the duration of the rights in any part of the world, any industrial or intellectual property rights, whether registrable or not, including in respect of Intellectual Property.

Laws means all applicable laws, regulations, codes, guidelines, policies, protocols, consents, approvals, permits and licences, and any requirements or directions given by any person with the authority to bind the relevant party in connection with these Terms or the provision of our Platform.

Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a party to these Terms or otherwise.

For any questions and notices, please contact us at:

JJAK Pty Ltd t/a Stardate Candles ABN 80 654 590 744

Email: hello@stardateco.com.au